By: Spiller, Allison (Senate Sponsor - Perry) H.B. No. 4085
(In the Senate - Received from the House May 4, 2023;
May 5, 2023, read first time and referred to Committee on State
Affairs; May 15, 2023, reported favorably by the following vote:
Yeas 8, Nays 0; May 15, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
PaxtonX
BettencourtX
BirdwellX
LaMantiaX
MenéndezX
MiddletonX
ParkerX
PerryX
SchwertnerX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to the payment by the state or a county of costs for
certain mental health hearings or proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 571.018(h) and (j), Health and Safety
Code, are amended to read as follows:
(h) The state or a county may not pay any costs for a patient
committed to a private mental hospital, other than a filing fee or
other cost associated with a hearing or proceeding under this
subtitle, unless:
(1) a public facility is not available; and
(2) the commissioners court of the county authorizes
the payment, if appropriate.
(j) The judge of a court conducting a hearing or proceeding
under this subtitle shall order the clerk of the court to refund
court costs paid or advanced for a person by [When] an inpatient
mental health facility as defined under Section 571.003(9)(A), (B),
(D), or (E) on the filing of [571.003(9)(B) or (E) files] an
affidavit with the clerk of the court certifying that:
(1) the facility has received no compensation or
reimbursement for the treatment of the person;
(2) the facility provided treatment for the person
under a contract with a local mental health authority; or
(3) the facility provided treatment for the person and
only received reimbursement under Medicaid [it has received no
compensation or reimbursement for the treatment of a person for
whom court costs have been paid or advanced, the judge of the
probate court shall order the clerk of the court to refund the
costs].
SECTION 2. This Act takes effect September 1, 2023.
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